CALCRIM No. 2500

The defendant is charged [in Count] with unlawfully (possessing/

manufacturing/causing to be manufactured/importing/keeping for sale/

offering or exposing for sale/giving/lending/buying/receiving) a weapon,

specifically (a/an) <insert type of weapon> [in violation of

Penal Code section[s] <insert appropriate code section[s]>].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant (possessed/manufactured/caused to be

manufactured/imported into California/kept for sale/offered or

exposed for sale/gave/lent/bought/received) (a/an)

<insert type of weapon>;

2. The defendant knew that (he/she) (possessed/manufactured/caused

to be manufactured/imported/kept for sale/offered or exposed for

sale/gave/lent/bought/received) the <insert type of

weapon>;

[AND]

<Alternative 3A—object capable of innocent uses>

[3. The defendant (possessed/manufactured/caused to be

manufactured/imported/kept for sale/offered or exposed for sale/

gave/lent/bought/received) the object as a weapon (;/.)]

<Alternative 3B—object designed solely for use as weapon>

[3. The defendant knew that the object (was (a/an) __________

<insert characteristics of weapon, e.g., “unusually short shotgun,

penknife containing stabbing instrument”> /could be used

<insert description of weapon, e.g., “as a stabbing

weapon,” or “for purposes of offense or defense”> )(;/.)]

<Give element 4 only if defendant is charged with offering or exposing

for sale.>

[AND

4. The defendant intended to sell it.]

[The People do not have to prove that the defendant intended to use the

object as a weapon.]

<Give only if alternative 3A is given.>

[When deciding whether the defendant (possessed/manufactured/caused

to be manufactured/imported/kept for sale/offered or exposed for sale/

gave/lent/bought/received) the object as a weapon, consider all the

surrounding circumstances relating to that question, including when and

where the object was (possessed/manufactured/caused to be

manufactured/imported/kept for sale/offered or exposed for sale/gave/

lent/bought/received)[,] [and] [where the defendant was going][,] [and]

[whether the object was changed from its standard form][,] and any

other evidence that indicates whether the object would be used for a

dangerous, rather than a harmless, purpose.]

<Give only if alternative 3B is given.>

[(A/An) <insert type of weapon> means <insert

appropriate definition> .]

<Give only if the weapon used has specific characteristics of which the

defendant must have been aware.>

[A <insert type of weapon specified in element 3B> is

<insert defining characteristics of weapon>.

[The People do not have to prove that the object was (concealable[,]/ [or]

carried by the defendant on (his/her) person[,]/ [or] (displayed/visible)).]]

[(A/An) <insert prohibited firearm> does not need to be in

working order if it was designed to shoot and appears capable of

shooting.]

[Two or more people may possess something at the same time.]

[A person does not have to actually hold or touch something to possess

it. It is enough if the person has (control over it/ [or] the right to control

it), either personally or through another person.]

[The People allege that the defendant (possessed/manufactured/caused to

be manufactured/imported/kept for sale/offered or exposed for sale/gave/

lent/bought/received) the following weapons: <insert

description of each weapon when multiple items alleged>. Y ou may not find

the defendant guilty unless all of you agree that the People have proved

that the defendant (possessed/manufactured/caused to be manufactured/

imported/kept for sale/offered or exposed for sale/gave/lent/bought/

received) at least one of these weapons and you all agree on which

weapon (he/she) (possessed/manufactured/ caused to be manufactured/

imported/kept for sale/offered or exposed for sale/gave/lent/bought/

received).]

<Defense: Statutory Exemptions>

[The defendant did not unlawfully (possess/manufacture/cause to be

manufactured/import/keep for sale/offer or expose for sale/give/lend/buy/

receive) (a/an) <insert type of weapon> if

CALCRIM No. 2500 WEAPONS

<insert exception>. The People have the burden of proving beyond a

reasonable doubt that the defendant unlawfully (possessed/

manufactured/caused to be manufactured/imported/kept for sale/offered

or exposed for sale/gave/lent/bought/received) (a/an) <insert

type of weapon>. If the People have not met this burden, you must find

the defendant not guilty of this crime.]

New January 2006; Revised August 2006, April 2008, February 2012, February

2015, March 2017, March 2019, September 2022